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dc.contributor.authorLARIK, Joris
dc.date.accessioned2012-02-27T13:31:32Z
dc.date.available2012-02-27T13:31:32Z
dc.date.issued2011
dc.identifier.citationYearbook of Polish European Studies 2010, 2011, 13, 149-173en
dc.identifier.isbn1428-1503
dc.identifier.urihttps://hdl.handle.net/1814/20638
dc.description.abstractThis paper argues that the ECJ in its seminal Kadi judgment made the right decision and foreshadowed numerous reforms in the EU’s external action introduced by the Lisbon Treaty. It rightly rejected the approach presented by the Court of First Instance, which ultimately turned out to be a false friend of international law. By largely following the Advocate General’s Opinion, the Court maintained the superior human rights standard of the EU legal order. Without, however, jeopardizing the compliance of the Member States with their UN obligations right away, it sent a clear warning signal to the UN Security Council to exhaust the potential for reform of the targeted sanction regime. The Court showed that in the face of such global threats as terrorism as well as the undermining of basic human rights, we are all in the same boat together after all.en
dc.language.isoenen
dc.titleTwo Ships in the Night or in the Same Boat Together: How the ECJ squared the circle and foreshadowed Lisbon in its Kadi judgementen
dc.typeArticleen


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